• Increase the public’s awareness of the many forms of Prosecutorial Misconduct that there are no consequences for.
• Monitor legislation and news pertinent to the judicial and law-enforcement systems.
• Promote reforms.
• Educate and mobilize citizens to demand that public policy be altered to better protect the rights of the innocent.
• Serve as a source of invaluable support, resources and information for those wrongly accused.

Synopsis

May 29, 2008 stands as a day of darkness for Bill Bastuk. He’ll never forget hearing the Monroe County Sheriff accuse him of sexually assaulting a 16-year-old girl. The news came as a shock and Bastuk vacillated between disgust and anger. How could this be happening when all the evidence indicated otherwise? Yet the Monroe County Sheriff and District Attorney would hear none of it. To them, Bastuk was a statistic —one that could hopefully boost their conviction rates and prestige. For nearly 12 harrowing months, they hammered at the public, the jury and even Bastuk’s own family to convince them of his guilt; they dragged their feet in presenting to his lawyer information crucial to his defense . And through it all, Bastuk and his family underwent duress, anxiety, hurt and humiliation. On May 15, 2009 a jury unanimously confirmed, in less than three hours what Bastuk already knew. He was not guilty.

His Story

The evening of September 5, 2007 was a hectic mix of activities. At 7:00 PM, I participated in a meeting of the Town of Irondequoit Green Task Force and left at about 8:20 PM for my home – about two minutes away. Once home, I proceeded with many tasks, including three documented phone calls related to an Eastridge Kiwanis Club fundraiser and to professional employment. My work day ended shortly after 9:00 PM with verifying e-mails. Heaven forbid, if I had not returned home and documented my activities, but instead, had fallen asleep on the couch watching my beloved Yankees, I might be writing this letter from prison. Why? Because from May 29, 2008 to May 15th, 2009, the Monroe County Sheriff, along with the Monroe County District Attorney, attempted to convince the general public, a jury of 12 of my peers and even my family that I had driven to the Rochester Yacht Club between 8:00 and 9:00 PM that evening and sexually assaulted a 16-year-old girl.

It began on May 29, 2008, when a sheriff investigator called me and suggested I may be of help in an incident they were investigating. We met in a parking lot next to the Rochester Yacht Club near the sheriff’s sub-station. Shortly thereafter, the investigator informed me that a young woman had accused me of luring her into a yacht club shed and sexually assaulting her. I was shocked. I denied the allegation and noted that I never had a key to any shed at the Yacht Club. The sheriff and his colleague insisted I was not telling the truth; they could tell from their years of experience.

At 8:00 AM the next morning, I heard that the Sheriff’s Department may have leaked word that I was to be arrested that day. I sought counsel and by 11:00 AM was sitting with my attorney and my wife, who was in tears. The next week I volunteered to take a lie detector test administered by a former employee of the Sheriff’s and District Attorney’s office. I easily passed it and even offered to take a state-of-the-art technology test administered by the sheriff himself provided that my passing would launch an investigation for the true perpetrator. The sheriff refused.

Regardless of the lack of a sliver of evidence, I was already a statistic, the victim of a process in which the focus is to boost conviction rates. Over the next ten months, the District Attorney would become aware of “increasing evidence” that one prominent former law enforcement officer said indicated “…there is no way in hell this happened.” This included the complainant’s diary and medical records, crucial to my defense, which would have been withheld from my defense team, if not for the persistence of my attorney. It wasn’t until two weeks before my scheduled March trial date that my attorney received parts of the complaint’s diary. In it, the complainant gave a rendition of the event that greatly differed from her sworn statement to the sheriff. Then, by a stroke of luck, less than 24 hours before trial, another critical diary entry was provided.

On May 1st, 2009, my trial began. The District Attorney sought, to no avail, to limit the time available to my defense team, for the first round of jury selection. This was no holds barred. To convict a former public official would be a bonus in the careers of all involved in the non-investigation. The prosecutor even persuaded a member of the Yacht Club to testify under oath that he saw me at the club at 8:00 PM that evening.

On May 15th, a jury of my peers met for a little over two hours. I will never forget the jury forewomen. Her husband was serving in Iraq then. She looked me in the eyes with a smile and spoke. “Not guilty,” she said five times.

This short account cannot fully detail the strange and frightening events which took place since May of 2007, not to mention the anxiety, hurt, anger and humiliation I and my family and friends experienced. I spent a night in a jail cell, I was ostracized in the community. I realized how vulnerable we all are. Truly, it could happen to anyone of us, and I vowed to take positive action.

No resident or visitor of the United States should ever be subject to this broken system of justice. Rest assured It Could Happen to You will battle for long overdue oversight and reform.

About Bill

Bill Bastuk has worked as a community organizer, employee of the New York State Legislature, Monroe County Legislator and Councilmen for the Town of Irondequoit. Over the course of 35 years of commitment to crafting workable solutions to public policy challenges facing New York State Mr. Bastuk has established a reputation as an effective agent for change. Bill has been instrumental in the formation of non-traditional coalitions such as the National Association of Neighborhoods and the New York State Apollo Alliance which seeks to enhance America’s energy independence through the growth of a new green economy. In May of 2008 Mr. Bastuk brought together over 20 representatives of business, labor and community organizations to build consensus on key principals for health care reform in New York.

Bill Bastuk has served on the Board of Directors of the Irondequoit Chamber of Commerce, and as President of the Eastridge Kiwanis Club and the Town of Irondequoit Sister Cities.

Bill holds a BS in Urban Affairs from the George Washington University and a Masters in Community Services Administration from the University of Rochester. He resides in Irondequoit, New York with his wife of more then 25 years and his 19 year old son.